Today the 5th Circuit Court of Appeals, located in New Orleans, announced it upheld Austin’s smoking ban, reversing a lower court’s decision. A district court had overturned parts of the ban, which was approved by Austin voters more than two years ago. The law was challenged by several bars, which claim the ban harmed their business. The district court decided the law was unconstitutionally vague, and the City of Austin appealed the ruling. The ruling also stopped an injunction that kept the city from enforcing the law.
So basically we are back to where we started in Austin, no smoking inside. I find this whole law ridiculous. I feel that if an establishment wants to allow smoking indoors, it is a free country and they should be allowed to. I find it very frightening that a certain type of people is being singled out and having their freedom attacked. The freedom I am talking about is the freedom of choice. Last time I checked smoking isn’t illegal, therefore, it should not be illegal to smoke in designated establishments.
Now don’t get me wrong, I am not saying you can smoke anywhere you want. But you should have a choice to at least go to an establishment that allows smoking indoors. Establishments with children or the elderly should have an area blocked off for smokers, if they want. We had the smoking section in restaurants for decades, and it seemed to work just fine. The government has no right to tell a business how to run itself. This is a free market and if an establishment want to cater to a smoker, then more power to them. Last time I checked this isn’t China or some communist regime who decides how everyone lives. If the ban on smoking indoors continues, who will be next? Banning people’s choices is a slippery slope; once you start it just keeps snowballing and it very difficult to stop.
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2 comments:
I have to disagree with you on this topic. Laws like these are difficult decisions to make but in the long run are for the good of our nation’s future. In 50 years it will probably seem ridiculous that this was even up for discussion. By making this ban I think its sending a clear message to the next generation that we are aware of the effects of smoking and trying to minimize the amount of new smokers. It would be ridiculous for us to just keep cruising along fat, dumb, and happy all the while knowing that multi-billion dollar companies are marketing poison to our kids and we are not trying to take steps to stop it. When people are trying to get these laws passed they are not saying to themselves this will be great I am going to bankrupt the business owners, or invade their rights, they are saying good another bump in the road for lung cancer emphysema etc. This is just a small step that needs to be taken toward the eventual bankruptcy of the tobacco companies making money off killing people. It took a very longtime for people to have been smoking long enough for us to gather enough information to be certain of the effects of smoking and now that we know, it would be irresponsible not to attempt to phase it out. It probably won’t happen in my lifetime and who knows how many generations it will take, but when it does happen it will be our generation in the history books they will be crediting for it.
Jason Lundin
Texas State & Local Govt.
I disagree with Herdeman's opinion about the Austin smoking ban. The reason I do so is absically from personal express. As Herdeman says it is a free country and the idea is that we can do wahtever we like within the law, but my argument is valid. I being an asthmatic non-smoker just as recent as this last monday went to a concert downtown and it went like this. I was in a fairly small establishment that allowed smoking, there was so much smoke that I could not stay to see one of my favorite bands play because I went into a full blown asthma attack, if you have never felt one let me inlighten you. YOU CAN'T BREATH. The commercial that says it feels like you are a fish out of water hit the nail on the head. I had to leave becuase some people wouldn't just step outside to smoke their ciggarette. Also, science is now proving that 2nd hand smoke can cause more damage than smoking the ciggarette becuase at least smokers get a filter, so there for those who are smokling are not only taking their own life into their hands but others. I respect your right to kill yourself somking but please do not kill me while you are at it.
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